Lex Mundi Latin America and the Caribbean: TMT and Cyber Guide |
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Ecuador |
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(Latin America)
Firm
Pérez Bustamante & Ponce
Contributors
Sebastián Pérez Arteta |
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| 1. What is the current state of the telecommunications market in your jurisdiction? Who are the main players in the market? | Ecuador’s telecommunications market operates under a license-based regime regulated by the Organic Law of Telecommunications and administered by the Telecommunications Regulation and Control Agency (“ARCOTEL”). Service provision requires one or more enabling titles depending on the activity:
The market structure is characterized by:
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| 2. What is the market share for different services (mobile, broadband, Pay TV, etc.)? E.g. level of penetration for mobile services, fixed broadband, 4G, 5G, and fiber deployment. | According to data published by ARCOTEL, the International Telecommunication Union ("ITU") and the World Bank for the period 2023–2025, Ecuador maintains high levels of connectivity in mobile services and a steadily expanding broadband market, while Pay TV continues to contract due to migration toward OTT platforms. Ecuador’s telecommunications market shows high mobile penetration and rapid broadband growth, while Pay TV continues to decline amid the shift toward digital and on-demand platforms. The latest statistics from ARCOTEL, the ITU, and the World Bank (2023–2025) reflect the following dynamics:
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| 3. What are the most relevant trends and challenges in the ICT industry? Are there ongoing developments in areas such as 5G deployment, IoT, satellite services, infrastructure investment, or market consolidation? | The Ecuadorian ICT sector is in a phase of modernization and regulatory transition, driven by the Digital Ecuador Policy (2022–2025), which prioritizes connectivity, 5G deployment, and universal access. Public and private operators are investing in digital infrastructure while adapting to new spectrum, competition, and convergence challenges between telecommunications and audiovisual services. The main current trends include:
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| 4. What are the main laws governing telecommunications in your jurisdiction? Which authority regulates the telecommunications sector? | Governing law: Organic Law on Telecommunications (LOT, 2015) and its General Regulation set the sector’s backbone (net neutrality, licensing, spectrum, interconnection, universal service). ARCOTEL has the faculty to issue complementary regulations. Regulator: ARCOTEL (Agencia de Regulación y Control de las Telecomunicaciones) is the sector regulator and licensing authority, attached to the Ministry of Telecommunications. |
| 5. Describe the licensing requirements for the provision of the following services: |
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| 6. Are there any foreign ownership restrictions on telecom operators? | No general foreign-ownership cap in telecom services; titles are granted to persons/companies domiciled in Ecuador (local entity/branch), per the Titles Regulation & General Regulation. |
| 7. Are service prices regulated or freely determined? | Prices are freely determined. |
| 8. Is regulatory approval required for license transfers or corporate control changes? What are the conditions or requirements? | Yes. Transfer/cession of titles and changes to the title require prior ARCOTEL authorization; even share transfers without change of control must be notified. Unauthorized transfers can trigger early termination of the enabling title from ARCOTEL. |
| 9. Are there universal service obligations? If so, what are the applicable rules? | Yes. Under Articles 90, 91, and 92 of the Organic Law of Telecommunications, all operators holding an enabling title for public telecommunications services are required to contribute 1 % of their gross quarterly revenues to ARCOTEL. The contribution is declared and paid every quarter and is used to finance rural connectivity and digital-inclusion projects under the National Universal Service Plan 2022-2025. Failure to comply may lead to administrative sanctions or suspension of the enabling title. |
| 10. What are the interconnection and access obligations? Net neutrality - Are there obligations to block or filter internet content under specific conditions? | In Ecuador, the interconnection between public telecommunications networks is mandatory. This obligation is set out in Articles 66, 67, and 69 of the Organic Law of Telecommunications ("LOT"), which require all operators that own or control public networks to interconnect and provide access to other authorized operators, under conditions of equality, non-discrimination, transparency, and cost efficiency. Interconnection must be carried out at any technically feasible point of the network and under the principles of good faith and neutrality (Article 66, LOT; Article 70, General Regulation to the LOT). The aim is to ensure that users of different operators can communicate freely and that services remain interoperable nationwide. Operators must negotiate their interconnection and access agreements transparently and based on efficient costs. When operators cannot reach an agreement, ARCOTEL may intervene and set the technical and economic conditions necessary to guarantee interoperability and continuity of service (Article 70, LOT; Articles 74 and 78, General Regulation to the LOT). They are also required to allow co-location, meaning they must provide space and basic services (power, backup systems, ducts, poles, and rights-of-way) for other operators to install their interconnection equipment, provided it is technically feasible (Article 73, General Regulation to the LOT). These conditions must be non-discriminatory and identical for all operators requesting co-location. The fees charged for interconnection and access must be based on efficient costs (Article 72, General Regulation to the LOT; Article 71, LOT). ARCOTEL may review and, if necessary, modify these fees to promote competition and protect users. Operators are prohibited from unilaterally suspending, blocking, or degrading interconnection without prior authorization from ARCOTEL (Article 75, LOT). All interconnection and access agreements must be submitted to ARCOTEL for registration, and renewals must be requested before their expiration. During the renewal process, the existing agreements remain valid until a new one is signed or ARCOTEL issues a formal resolution (Article 79, General Regulation to the LOT). Ecuadorian law expressly protects the principle of net neutrality. According to Article 4 of the LOT, internet service providers and mobile operators cannot block, prioritize, or discriminate against lawful content, applications, or services. Blocking or filtering is only allowed in specific cases established by law, such as when there is a court order for criminal investigations, national security, or the protection of minors (Articles 76 and 77, LOT). Providers must also take appropriate security and network integrity measures and inform users about any risks or incidents that could affect their services (Article 79, LOT). ARCOTEL is responsible for monitoring compliance with these obligations and may impose sanctions when unjustified blocking or discrimination occurs. |
| 11. How is radio spectrum allocated and managed? What is the process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand)? Is there a secondary market for spectrum (e.g., spectrum trading or leasing)? | In Ecuador, the radio spectrum is a public, limited, and strategic resource that belongs exclusively to the State (Article 18, LOT). The Central Government has exclusive authority over its administration, regulation, and control, as well as the power to set public policies, technical standards, and fees for spectrum use (Article 7, LOT). ARCOTEL is responsible for managing the spectrum, granting and supervising authorizations, and ensuring compliance with the technical and legal framework based on the National Frequency Allocation Plan ("PNF"), which defines the technical parameters, frequency bands, and permitted uses (fixed, mobile, satellite, broadcasting, etc.). All allocations follow the PNF, which defines the permitted uses for each frequency band and ensures alignment with international standards. ARCOTEL periodically updates the plan to align with ITU standards and technological changes. Spectrum management is guided by the principles of efficiency, transparency, equal access, and public interest (Article 50, LOT). Any use of frequencies for telecommunications services requires an enabling title issued by ARCOTEL after verifying the applicant’s technical, economic, and legal capacity. Process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand) ARCOTEL may assign spectrum through two main mechanisms:
Renewals of existing titles are also permitted, provided the operator meets all technical and financial requirements (Art. 50, LOT). Secondary spectrum market (e.g., spectrum trading or leasing) Ecuador does not have an open secondary market for spectrum. The use or exploitation of frequencies cannot be sold, transferred, or leased without prior authorization from ARCOTEL. Any unauthorized transfer or shared use is considered a serious violation and may lead to fines or the revocation of the authorization. |
| 12. Are national, regional, or municipal authorizations required for installing telecom infrastructure? What are the rules regarding the use of support structures (e.g., towers, poles; sharing of infraestructure)? | Yes. In Ecuador, the installation of telecommunications infrastructure requires coordination between ARCOTEL and local governments, depending on the location and type of work. While ARCOTEL regulates the technical and legal framework for infrastructure deployment, municipalities are responsible for issuing construction, land-use, and environmental permits within their territory. Operators have the legal right to occupy private and public property when it is strictly necessary for the installation of networks. This may be done through agreement, declaration of public utility, expropriation, or forced easement of passage, always assuming the related costs (Article 101, LOT). The right-of-way over public roads or state infrastructure must comply with land-use and road-occupation regulations issued by the competent authorities. The general permits are the following: ARCOTEL
Telecommunications operators must guarantee non-discriminatory access to essential facilities and infrastructure needed for the provision of services (Article 30, LOT). Any person or entity that owns infrastructure necessary for telecommunications must allow its use by other operators on equal and transparent terms (Article 105, LOT). Operators may negotiate and sign infrastructure-sharing or easement agreements that define technical, economic, and legal conditions (Article 106, LOT). These agreements must be approved by ARCOTEL and registered in the Public Telecommunications Registry (Registro Público de Telecomunicaciones) (Article 42, LOT). If no agreement is reached within 30 days, ARCOTEL can impose a mandatory easement or shared-use arrangement through a binding resolution, setting the applicable technical and financial terms (Article 106, LOT). The deployment of networks must comply with national and local technical standards. Infrastructure must be installed and operated according to ARCOTEL’s regulations on radiocommunication systems and broadcast stations (Articles 110 and 111, LOT). Service providers for broadcasting and subscription television are also obliged to share their physical infrastructure under the conditions established by ARCOTEL (Article 113, LOT). Finally, the Ministry of Telecommunications ("MINTEL") defines the national policy for underground cabling (soterramiento) and the re-ordering of telecommunications networks, ensuring that any new public-works projects incorporate these requirements (Fourth Transitional Provision, LOT). |
| 13. What regulations apply to the deployment and sharing of passive telecom infrastructure? | The deployment and sharing of passive telecommunications infrastructure in Ecuador are regulated by the following:
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| 14. Are regulatory authorizations required for the landing and operation of submarine cables? | Yes. The landing and operation of submarine cables in Ecuador require prior authorization from ARCOTEL through the International Transport Service – Submarine Cable Modality (Servicio de Transporte Internacional, modalidad Cable Submarino). This enabling title authorizes the installation, operation, and exploitation of international transmission capacity via submarine cable systems. |
| 15. What are the licensing requirements for satellite services (based on the type of constellation)? | Satellite services in Ecuador require an enabling title issued by ARCOTEL under either the Fixed Satellite Service (Servicio Fijo por Satélite) or the Mobile Satellite Service (Servicio Móvil por Satélite) category. The same licensing process applies to all constellations (GEO, MEO, LEO, or NGSO). To obtain authorization, applicants must submit to ARCOTEL:
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| 16. Are authorizations required for ground stations? | Yes. The installation and operation of ground stations (earth stations, gateways, or teleports) require prior authorization from ARCOTEL. Applicants must submit:
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| 17. Is direct-to-device satellite communication regulated? | No. Direct-to-device ("D2D") satellite communication is not specifically regulated in Ecuador. Such services are currently understood to fall within the general Mobile Satellite Service or Fixed Satellite Service Framework under the LOT and ARCOTEL’s enabling-title regulations, pending the issuance of a specific regulatory standard. |
| 18. Are telecommunications devices subject to homologation or type approval? | Yes. All telecommunications devices must undergo homologation (type approval) by ARCOTEL before being imported, marketed, or used in Ecuador. The process is free of charge, conducted online through ARCOTEL’s platform, and typically takes 15 to 20 business days. |
| 19. What is the current state of the audiovisual market in your jurisdiction? Who are the main players? What is the market share of Pay TV, OTT platforms, and traditional broadcasting (radio and free-to-air TV)? What are the main regulatory or... | Free-to-air television and radio remain the most consumed media in Ecuador, with national coverage exceeding 90 % of the population. The main broadcasters are Teleamazonas, Ecuavisa, RTS, TC Televisión, and Gamavisión. Pay TV has lost market share, falling from roughly 30 % to 11.5 % of households (around 540,000 subscribers), led by DirecTV, CNT TV, and Claro TV. Streaming platforms such as Netflix, HBO Max, Disney+, and Amazon Prime Video now surpass Pay TV in the number of users, each exceeding 900,000 subscribers. The main regulatory issues are the absence of a specific OTT framework, concentration limits in media ownership, and the updating of the Organic Law of Communication to incorporate digital services. |
| 20. What are the main laws applicable to audiovisual communication services? Which authority regulates this sector? | The sector is governed by the Organic Law of Communication ("LOC") and its regulations. |
| 21. What types of licenses are available? What is the procedure to apply for a license? What is the duration of audiovisual licenses? | Licenses for radio and television are granted by ARCOTEL. The authorization is called Título Habilitante de Servicios de Radiodifusión Sonora y Televisión para Medios de Comunicación Públicos, Privados y Comunitarios. Licenses are granted through direct adjudication, while radio and TV frequencies are assigned via public competitive tenders. The license duration is 15 years, and it is renewable upon compliance and technical evaluation by ARCOTEL. |
| 22. Is regulatory approval required for license or share transfers? What are the conditions or requirements? | Yes. Any transfer of licenses or control requires prior authorization from ARCOTEL. |
| 23. Are there restrictions on foreign investment? Are there exceptions? Are there any incompatibilities or cross-ownership restrictions? | Foreign ownership in national media outlets is restricted. Under Article 6 of the Organic Law of Communication ("LOC") and Articles 3 and 67 of its Regulation, broadcasting companies cannot be directly or indirectly owned by foreign entities or individuals domiciled abroad, except for:
There are no ownership restrictions for production, advertising, or OTT companies, as these are not classified as “media outlets” under the LOC. |
| 24. Are there limits to the number of licenses that can be held? | There is no general restriction on the number of broadcasting licenses (títulos habilitantes) a person or company may hold. However, frequency concentration is expressly prohibited under Article 113 of the LOC:
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| 25. Are audiovisual signals, production companies, and advertising agencies subject to registration? | No. |
| 26. Are there obligations to include national or local content; and, original vs. acquired content? | Yes. Audiovisual media with national signals must comply with content quotas established by the LOC:
While those figures are clearly set in the LOC, enforcement is scarce given that the Superintendency of Telecommunications was eliminated in a legal reform. |
| 27. Are there any requirements for specific contents (e.g., news, fiction, children’s programming? | Audiovisual media must comply with specific content, accessibility, and audience-protection obligations established in the LOC:
These parameters are not applied to foreign channels, media or streaming services. |
| 28. Are there minimum quotas for national content? | Yes. Please refer to question 26. |
| 29. Are Pay TV operators required to carry certain free-to-air channels? What is the scope of this obligation? | No. Pay TV operators in Ecuador are not legally required to retransmit free-to-air channels, although most do so voluntarily under commercial or technical agreements with broadcasters. |
| 30. Are there requirements regarding domestic or foreign advertising production? | Under Article 98 of the Organic Law of Communication ("LOC"), advertising broadcast in Ecuador must be produced in Ecuador by Ecuadorian nationals or foreign residents, or abroad by Ecuadorian producers or foreign companies majority-owned by Ecuadorians, with at least 80% Ecuadorian personnel involved in production. However, Article 55 of the Regulation to the LOC extends the definition of national production to include advertising created in countries with which Ecuador has integration or trade agreements. This allows foreign commercials from such countries to qualify as national production, providing a valid legal basis for their acceptance and broadcast in Ecuador. Although the rule broadens the scope of the LOC, it remains in force and unchallenged, and the risk of administrative sanction is currently low given the absence of an active communication control authority since 2019. |
| 31. Are there prohibitions on certain products or audiences (e.g., children)? | Ecuadorian law sets strict content limitations on advertising and media communications to protect human rights and vulnerable audiences:
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| 32. Is there a registry for advertisers or reciprocity obligations? | No. |
| 33. Are audiovisual services subject to special taxes or levies? | No. |
| 34. Are OTT platforms regulated? To what extent? Are there obligations for OTTs to register locally or appoint a legal representative? Are screen quotas applied to OTT and on-demand services? Are there tax obligations applicable to streaming platforms? | No. OTT platforms are not yet specifically regulated in Ecuador.
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| 35. Is there any main regulatory framework governing artificial intelligence in your jurisdiction? Are there sector-specific regulations for the use of AI (e.g., in finance, health, education)? Which authorities oversee AI-related matters? Are there... | Ecuador does not yet have a comprehensive AI-specific law. AI use in sectors such as finance, health, or education is indirectly governed by existing frameworks on data protection, telecommunications, and consumer protection, without AI-focused provisions. AI-related oversight is expected to be shared among:
The following is a list of draft bills or ongoing public consultations:
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| 36. Please describe if there is any mandatory requirement to provided AI-based services under your jurisdictiction's regulations. Are any AI technologies considered high-risk or prohibited? What best practices are recommended or adopted in your jurisd... | There are no mandatory requirements to provide AI-based services in Ecuador, nor any AI technologies classified as high-risk or prohibited. No binding rules exist on algorithm traceability, auditability, or user-facing transparency. However, the draft AI Law (2024) proposes introducing risk classification and impact assessments for high-risk systems, aligned with OECD and EU AI ethics principles. Current practice relies on voluntary adherence to ethical and transparency international standards. |
| 37. Are general regulations applicable to artificial intelligence? In such case, mention the most relevant legislation. | No. |
| 38. What is the current legal framework for cybersecurity? Is there a national cybersecurity strategy or action plan in force? Are there any relevant bills or ongoing public consultations? | Ecuador does not yet have a specific cybersecurity law. Cybersecurity obligations derive mainly from:
Ecuador does have a cybersecurity strategy in force: the National Cybersecurity Strategy 2022–2025, led by the Ministry of Telecommunications. It focuses on public-sector resilience, incident-response coordination through EcuCERT/CSIRT, which is the national Computer Security Incident Response Team managed by ARCOTEL, responsible for monitoring, alerting, and supporting mitigation of cyberattacks across public and private networks. and the protection of critical infrastructure. The following are relevant bills or ongoing public consultations:
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| 39. Are there minimum cybersecurity requirements for companies or service providers (e.g. sectors such as telecom, energy, health, or finance)? | Ecuador does not yet have uniform, cross-sector cybersecurity standards:
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| 40. Are there any relevant jurisdictional cases related to cybersecurity incidents where private or public entities were sanctioned because of an infringement? | As of today, there are no publicly reported landmark cases where companies or public entities were sanctioned specifically for cybersecurity incidents. Enforcement remains focused on policy implementation and administrative prevention rather than judicial precedent. |
| 41. Are there mandatory incident response plans or reporting obligations? | Yes. Under the LOPDP, data controllers must report personal data breaches to the Superintendency of Data Protection and affected users within five days of detection. Telecom operators must also notify ARCOTEL of incidents that affect network integrity or service continuity |
| 42. How do companies coordinate with authorities in the event of a cyberattack? | Cyber incidents are coordinated through EcuCERT/CSIRT Ecuador. Companies can report attacks or vulnerabilities directly to this national response center, which assists in mitigation, forensics, and alerts to other affected sectors. |
| 43. Are there specific provisions for the criminalization of cyber-related offenses? | Cyber incidents are coordinated by EcuCERT/CSIRT Ecuador for detection and response. If personal data breaches occur, the Superintendency of Data Protection also intervenes to oversee notification and enforcement under the LOPDP. |
| 44. Is your jurisdiction subject or adhered to any international cooperation agreements or treaties with other countries and/or international bodies? Does your jurisdiction participate in global cybersecurity initiatives? | Yes. Ecuador participates in multilateral cybersecurity frameworks, such as:
Ecuador has not yet signed bilateral cybersecurity treaties with individual countries. Cooperation is primarily conducted through multilateral and regional platforms focused on capacity building, information sharing, and incident response. |
Lex Mundi Latin America and the Caribbean: TMT and Cyber Guide
Ecuador
(Latin America) Firm Pérez Bustamante & PonceContributors Sebastián Pérez Arteta
Updated 06 Nov 2025Ecuador’s telecommunications market operates under a license-based regime regulated by the Organic Law of Telecommunications and administered by the Telecommunications Regulation and Control Agency (“ARCOTEL”). Service provision requires one or more enabling titles depending on the activity:
- Concession Titles, for the provision of public mobile, fixed, or internet-access services.
- Spectrum Authorizations, for the use of radio-electric frequencies, are generally allocated through public tenders.
- Service Registrations for internet, data transmission, hosting, or other value-added services.
- Infrastructure authorizations for deployment and operation of passive or active infrastructure (towers, ducts, poles).
- Satellite Authorizations and Landing Rights, for operators of space-segment capacity and earth stations.
The market structure is characterized by:
- Mobile Network Operators ("MNOs"): Claro (Conecel), Movistar (Millicom) and the state-owned CNT EP.
- Fixed broadband and ISP segment: Netlife, Puntonet, Xtrim (TVCable) and Claro, leading an aggressive FTTH expansion in urban areas.
- Satellite and wholesale connectivity: New Skies Satellites Licensee B.V. ("NSSL") and Telesat Canada hold long-standing authorizations for GEO capacity; Starlink Ecuador ("STAREC S.A.") was authorized in 2025 to provide LEO broadband; and CNT EP supplies wholesale backbone and satellite gateways.
According to data published by ARCOTEL, the International Telecommunication Union ("ITU") and the World Bank for the period 2023–2025, Ecuador maintains high levels of connectivity in mobile services and a steadily expanding broadband market, while Pay TV continues to contract due to migration toward OTT platforms.
Ecuador’s telecommunications market shows high mobile penetration and rapid broadband growth, while Pay TV continues to decline amid the shift toward digital and on-demand platforms. The latest statistics from ARCOTEL, the ITU, and the World Bank (2023–2025) reflect the following dynamics:
- Mobile services: Approximately 18 million active lines (approx. 96% of the population). Claro leads with about 55% market share, followed by Movistar with 25%, and CNT EP with 20%. Both Claro and Movistar renewed their concessions through 2038, ensuring regulatory stability for 5G investments.
- Fixed broadband: Around 2.9 million subscriptions (approx. 15 per 100 inhabitants), driven by aggressive fiber-to-the-home ("FTTH") deployment. Netlife, Puntonet, Xtrim (TVCable) and Claro dominate the segment, offering average speeds above 100 Mbps in major cities.
- Pay TV: Roughly 341,000 subscribers by end-2024 (approx. 6% of households), representing a 27% annual decline as consumers migrate to streaming and OTT platforms.
- 4G/5G coverage: 4G networks reach over 95% of the population, remaining the core mobile technology. 5G was launched in October 2025 by CNT EP in partnership with Nokia, with initial coverage in Quito, Guayaquil, and Cuenca.
- Fiber deployment: More than 70% of new fixed-access connections in urban areas use FTTH. The regulatory focus is on rights-of-way management and infrastructure-sharing obligations to accelerate deployment and lower costs.
The Ecuadorian ICT sector is in a phase of modernization and regulatory transition, driven by the Digital Ecuador Policy (2022–2025), which prioritizes connectivity, 5G deployment, and universal access. Public and private operators are investing in digital infrastructure while adapting to new spectrum, competition, and convergence challenges between telecommunications and audiovisual services.
The main current trends include:
- 5G deployment and spectrum roadmap: Ecuador entered its 5G era in late 2025 with CNT EP’s launch; ARCOTEL is preparing assignments in the 3.5 GHz and 26 GHz bands and reviewing spectrum-fee formulas to adapt to new technologies.
- LEO and NGSO integration: The authorization of Starlink Ecuador in 2025 added a new layer of broadband connectivity for remote and rural areas; ARCOTEL is updating technical rules to incorporate non-geostationary constellations.
- Fiberization and infrastructure sharing: FTTH growth drives competition on speed and latency; regulatory emphasis is shifting to rights-of-way coordination and mandatory sharing of ducts and towers to reduce deployment costs.
- Decline of linear Pay TV: Household penetration continues to drop while OTT and streaming platforms expand without specific sectoral licensing, raising debate on tax and content obligations.
- Universal service and affordability: The Fondo de Servicio Universal ("FSU") managed by ARCOTEL finances rural projects and digital-gap initiatives aligned with the Digital Ecuador Policy 2022-2025.
Governing law: Organic Law on Telecommunications (LOT, 2015) and its General Regulation set the sector’s backbone (net neutrality, licensing, spectrum, interconnection, universal service). ARCOTEL has the faculty to issue complementary regulations.
Regulator: ARCOTEL (Agencia de Regulación y Control de las Telecomunicaciones) is the sector regulator and licensing authority, attached to the Ministry of Telecommunications.
- Internet Access: Requires an enabling title of Servicio de Acceso a Internet fijo o móvil. Requirements include submission of the technical project (network topology, coverage plan, quality indicators), economic-financial plan, legal documentation of the local entity, and payment of a bank guarantee, company incorporation in Ecuador, description of service scope, and technical configuration of links or networks.
- Data transmission: Requires an enabling title of Servicio de Valor Agregado ("SVA"), which covers data transport, hosting, VPNs, and other value-added services. Requirements include submission of the technical project (network topology, coverage plan, quality indicators), economic-financial plan, legal documentation of the local entity, and payment of a bank guarantee, company incorporation in Ecuador, description of service scope, and technical configuration of links or networks.
- Mobile telephony: Requires an enabling title of Servicio Móvil Avanzado ("SMA"), as well as an authorization for spectrum use under the National Frequency Plan. Requirements include submission of the technical project (network topology, coverage plan, quality indicators), economic-financial plan, legal documentation of the local entity, and payment of a bank guarantee, company incorporation in Ecuador, description of service scope, and technical configuration of links or networks.
- Mobile Virtual Network Operators ("MVNOs"): There is no separate enabling title for MVNOs. Operators must obtain an SMA title and enter into a wholesale access agreement with an existing mobile network operator ("MNO").
- Pay TV: Ecuador does not have a standalone enabling title for Pay TV. Operators typically use a Service of Internet Access ("SAI") or SVA title for IP-based television and streaming services. Traditional cable and subscription services fall under ARCOTEL’s audiovisual and telecom distribution regime.
No general foreign-ownership cap in telecom services; titles are granted to persons/companies domiciled in Ecuador (local entity/branch), per the Titles Regulation & General Regulation.
Prices are freely determined.
Yes. Transfer/cession of titles and changes to the title require prior ARCOTEL authorization; even share transfers without change of control must be notified. Unauthorized transfers can trigger early termination of the enabling title from ARCOTEL.
Yes. Under Articles 90, 91, and 92 of the Organic Law of Telecommunications, all operators holding an enabling title for public telecommunications services are required to contribute 1 % of their gross quarterly revenues to ARCOTEL.
The contribution is declared and paid every quarter and is used to finance rural connectivity and digital-inclusion projects under the National Universal Service Plan 2022-2025. Failure to comply may lead to administrative sanctions or suspension of the enabling title.
In Ecuador, the interconnection between public telecommunications networks is mandatory. This obligation is set out in Articles 66, 67, and 69 of the Organic Law of Telecommunications ("LOT"), which require all operators that own or control public networks to interconnect and provide access to other authorized operators, under conditions of equality, non-discrimination, transparency, and cost efficiency.
Interconnection must be carried out at any technically feasible point of the network and under the principles of good faith and neutrality (Article 66, LOT; Article 70, General Regulation to the LOT). The aim is to ensure that users of different operators can communicate freely and that services remain interoperable nationwide.
Operators must negotiate their interconnection and access agreements transparently and based on efficient costs. When operators cannot reach an agreement, ARCOTEL may intervene and set the technical and economic conditions necessary to guarantee interoperability and continuity of service (Article 70, LOT; Articles 74 and 78, General Regulation to the LOT).
They are also required to allow co-location, meaning they must provide space and basic services (power, backup systems, ducts, poles, and rights-of-way) for other operators to install their interconnection equipment, provided it is technically feasible (Article 73, General Regulation to the LOT). These conditions must be non-discriminatory and identical for all operators requesting co-location.
The fees charged for interconnection and access must be based on efficient costs (Article 72, General Regulation to the LOT; Article 71, LOT). ARCOTEL may review and, if necessary, modify these fees to promote competition and protect users. Operators are prohibited from unilaterally suspending, blocking, or degrading interconnection without prior authorization from ARCOTEL (Article 75, LOT).
All interconnection and access agreements must be submitted to ARCOTEL for registration, and renewals must be requested before their expiration. During the renewal process, the existing agreements remain valid until a new one is signed or ARCOTEL issues a formal resolution (Article 79, General Regulation to the LOT).
Ecuadorian law expressly protects the principle of net neutrality. According to Article 4 of the LOT, internet service providers and mobile operators cannot block, prioritize, or discriminate against lawful content, applications, or services.
Blocking or filtering is only allowed in specific cases established by law, such as when there is a court order for criminal investigations, national security, or the protection of minors (Articles 76 and 77, LOT).
Providers must also take appropriate security and network integrity measures and inform users about any risks or incidents that could affect their services (Article 79, LOT). ARCOTEL is responsible for monitoring compliance with these obligations and may impose sanctions when unjustified blocking or discrimination occurs.
In Ecuador, the radio spectrum is a public, limited, and strategic resource that belongs exclusively to the State (Article 18, LOT). The Central Government has exclusive authority over its administration, regulation, and control, as well as the power to set public policies, technical standards, and fees for spectrum use (Article 7, LOT).
ARCOTEL is responsible for managing the spectrum, granting and supervising authorizations, and ensuring compliance with the technical and legal framework based on the National Frequency Allocation Plan ("PNF"), which defines the technical parameters, frequency bands, and permitted uses (fixed, mobile, satellite, broadcasting, etc.). All allocations follow the PNF, which defines the permitted uses for each frequency band and ensures alignment with international standards. ARCOTEL periodically updates the plan to align with ITU standards and technological changes.
Spectrum management is guided by the principles of efficiency, transparency, equal access, and public interest (Article 50, LOT). Any use of frequencies for telecommunications services requires an enabling title issued by ARCOTEL after verifying the applicant’s technical, economic, and legal capacity.
Process for awarding high-demand mobile frequencies (e.g., auction, tender, on demand)
ARCOTEL may assign spectrum through two main mechanisms:
- Direct assignment (adjudicación directa): Used in specific cases such as non-essential frequencies, public or community networks, private networks, or for the introduction of new technologies or service improvements. It also applies to renewals, shared-use bands, and reassignment processes (Art. 51, LOT).
- Public competitive process: When demand exceeds availability or when frequencies have high economic or social value, ARCOTEL must conduct a public, competitive tender to award them under transparent and non-discriminatory conditions (Art. 52, LOT). This applies mainly to high-demand commercial bands such as Radio or TV.
Renewals of existing titles are also permitted, provided the operator meets all technical and financial requirements (Art. 50, LOT).
Secondary spectrum market (e.g., spectrum trading or leasing)
Ecuador does not have an open secondary market for spectrum. The use or exploitation of frequencies cannot be sold, transferred, or leased without prior authorization from ARCOTEL. Any unauthorized transfer or shared use is considered a serious violation and may lead to fines or the revocation of the authorization.
Yes. In Ecuador, the installation of telecommunications infrastructure requires coordination between ARCOTEL and local governments, depending on the location and type of work. While ARCOTEL regulates the technical and legal framework for infrastructure deployment, municipalities are responsible for issuing construction, land-use, and environmental permits within their territory.
Operators have the legal right to occupy private and public property when it is strictly necessary for the installation of networks. This may be done through agreement, declaration of public utility, expropriation, or forced easement of passage, always assuming the related costs (Article 101, LOT). The right-of-way over public roads or state infrastructure must comply with land-use and road-occupation regulations issued by the competent authorities. The general permits are the following:
ARCOTEL
- Technical installation authorization: Required for towers, antennas, radio base stations, microwave links, and satellite earth stations.
- Equipment type-approval certificate: Confirms that telecommunications equipment complies with Ecuadorian technical standards prior to import or use.
- Electromagnetic-emission compliance report: Verifies that radiation levels meet national safety limits before operation.
- Easement or occupation authorization: Permits the occupation of public or private property when strictly necessary for network deployment.
- Infrastructure-sharing authorization: ARCOTEL may order the shared use of towers, ducts, or other facilities when technically feasible
Municipal Governments ("GADs") - Construction or installation permit: Required for towers, poles, ducts, or fiber-optic deployment within municipal boundaries.
- Public-space occupation permit: Needed when works affect sidewalks, streets, or parks.
- Land-use certificate: Confirms that the selected site complies with local zoning rules ("PUGS").
- Municipal environmental registration or license: Required for excavation, underground cabling, or visual-impact works when the municipality has environmental authority.
- DGAC (Civil Aviation Authority)
- Aeronautical safety certificate: Mandatory for towers or antennas located near airports or flight paths.
Telecommunications operators must guarantee non-discriminatory access to essential facilities and infrastructure needed for the provision of services (Article 30, LOT). Any person or entity that owns infrastructure necessary for telecommunications must allow its use by other operators on equal and transparent terms (Article 105, LOT).
Operators may negotiate and sign infrastructure-sharing or easement agreements that define technical, economic, and legal conditions (Article 106, LOT). These agreements must be approved by ARCOTEL and registered in the Public Telecommunications Registry (Registro Público de Telecomunicaciones) (Article 42, LOT).
If no agreement is reached within 30 days, ARCOTEL can impose a mandatory easement or shared-use arrangement through a binding resolution, setting the applicable technical and financial terms (Article 106, LOT).
The deployment of networks must comply with national and local technical standards. Infrastructure must be installed and operated according to ARCOTEL’s regulations on radiocommunication systems and broadcast stations (Articles 110 and 111, LOT).
Service providers for broadcasting and subscription television are also obliged to share their physical infrastructure under the conditions established by ARCOTEL (Article 113, LOT).
Finally, the Ministry of Telecommunications ("MINTEL") defines the national policy for underground cabling (soterramiento) and the re-ordering of telecommunications networks, ensuring that any new public-works projects incorporate these requirements (Fourth Transitional Provision, LOT).
The deployment and sharing of passive telecommunications infrastructure in Ecuador are regulated by the following:
- Regulation on Shared Use of Telecommunications Infrastructure (issued by ARCOTEL)
- Technical Standard for Physical Infrastructure for Telecommunications
- Technical Standard for Underground Network Deployment and Installation
- National Underground Infrastructure and Network Plan (issued by MINTEL)
- Organic Telecommunications Law ("LOT") and its General Regulation
Yes. The landing and operation of submarine cables in Ecuador require prior authorization from ARCOTEL through the International Transport Service – Submarine Cable Modality (Servicio de Transporte Internacional, modalidad Cable Submarino).
This enabling title authorizes the installation, operation, and exploitation of international transmission capacity via submarine cable systems.
Satellite services in Ecuador require an enabling title issued by ARCOTEL under either the Fixed Satellite Service (Servicio Fijo por Satélite) or the Mobile Satellite Service (Servicio Móvil por Satélite) category. The same licensing process applies to all constellations (GEO, MEO, LEO, or NGSO).
To obtain authorization, applicants must submit to ARCOTEL:
- General application (IT-CTHB-12 / FO-CTHB-12).
- Corporate and legal documents, including the incorporation deed, shareholders’ details, and legal representative designation.
- Affidavit of non-affiliation (per Article 38, Res. 15-16-ARCOTEL-2019).
- Five-year financial sustainability plan with revenue projections.
- Technical project demonstrating service viability and expansion plan.
- An authorization letter from the space-segment provider confirming permission to use the satellite system.
- Aeronautical non-interference certificate from the civil aviation authority ("DGAC") (For MSS).
- Authorization for ARCOTEL to verify financial and technical data with competent entities.
Yes. The installation and operation of ground stations (earth stations, gateways, or teleports) require prior authorization from ARCOTEL. Applicants must submit:
- A technical project describing location, coverage, and engineering specifications (IT-CTDS and FO-CTDS forms).
- Equipment homologation certificates and frequency-use requests in accordance with the PNF.
- Environmental registration or license, when applicable.
- Coordination details with the satellite operator and compliance with ARCOTEL’s infrastructure regulations.
No. Direct-to-device ("D2D") satellite communication is not specifically regulated in Ecuador. Such services are currently understood to fall within the general Mobile Satellite Service or Fixed Satellite Service Framework under the LOT and ARCOTEL’s enabling-title regulations, pending the issuance of a specific regulatory standard.
Yes. All telecommunications devices must undergo homologation (type approval) by ARCOTEL before being imported, marketed, or used in Ecuador. The process is free of charge, conducted online through ARCOTEL’s platform, and typically takes 15 to 20 business days.
Free-to-air television and radio remain the most consumed media in Ecuador, with national coverage exceeding 90 % of the population. The main broadcasters are Teleamazonas, Ecuavisa, RTS, TC Televisión, and Gamavisión.
Pay TV has lost market share, falling from roughly 30 % to 11.5 % of households (around 540,000 subscribers), led by DirecTV, CNT TV, and Claro TV.
Streaming platforms such as Netflix, HBO Max, Disney+, and Amazon Prime Video now surpass Pay TV in the number of users, each exceeding 900,000 subscribers.
The main regulatory issues are the absence of a specific OTT framework, concentration limits in media ownership, and the updating of the Organic Law of Communication to incorporate digital services.
The sector is governed by the Organic Law of Communication ("LOC") and its regulations.
Licenses for radio and television are granted by ARCOTEL.
The authorization is called Título Habilitante de Servicios de Radiodifusión Sonora y Televisión para Medios de Comunicación Públicos, Privados y Comunitarios.
Licenses are granted through direct adjudication, while radio and TV frequencies are assigned via public competitive tenders.
The license duration is 15 years, and it is renewable upon compliance and technical evaluation by ARCOTEL.
Yes. Any transfer of licenses or control requires prior authorization from ARCOTEL.
Foreign ownership in national media outlets is restricted. Under Article 6 of the Organic Law of Communication ("LOC") and Articles 3 and 67 of its Regulation, broadcasting companies cannot be directly or indirectly owned by foreign entities or individuals domiciled abroad, except for:
- Foreign nationals residing legally and permanently in Ecuador, and
- Foreign entities or citizens from countries with trade agreements with Ecuador, provided they are domiciled in Ecuador and comply with ARCOTEL’s regulatory procedures.
There are no ownership restrictions for production, advertising, or OTT companies, as these are not classified as “media outlets” under the LOC.
There is no general restriction on the number of broadcasting licenses (títulos habilitantes) a person or company may hold.
However, frequency concentration is expressly prohibited under Article 113 of the LOC:
- A single person or entity may hold only one AM, one FM, and one television frequency nationwide.
- The same person may also hold one shortwave frequency.
- In the same province, frequencies cannot be granted to family members up to the second degree of consanguinity or affinity of an existing license holder.
No.
Yes. Audiovisual media with national signals must comply with content quotas established by the LOC:
- At least 60% of daily programming during general-audience hours must be Ecuadorian productions (films, series, documentaries, animation, etc.) (Article 97, LOC).
- At least 10% of total programming must be independent national productions, excluding advertising time (Article 97, LOC).
- Radio stations must air at least 50% Ecuadorian music (Article 103, LOC).
- Media must include 5% of programming in intercultural or indigenous languages (Transitional Provision 15 LOC; Article 60, Regulation to the LOC).
While those figures are clearly set in the LOC, enforcement is scarce given that the Superintendency of Telecommunications was eliminated in a legal reform.
Audiovisual media must comply with specific content, accessibility, and audience-protection obligations established in the LOC:
- Content classification: All programming must be labeled as informative, opinion, educational/cultural, entertainment, sports, or advertising, and indicate if it is suitable for all audiences (Article 60, LOC).
- Non-discrimination: Broadcasting discriminatory, violent, or hate-inciting content is prohibited (Article 62, LOC).
- Audience protection: Programming must respect time slots: (i) family (06h00-18h00), (ii) shared responsibility (18h00-22h00), and adults (22h00-06h00), and (iii) according to classification (Article 65, LOC).
- Sensitive content: Sexually explicit or violent material may only air in adult time slots, unless educational and properly contextualized (Articles 66 & 68, LOC).
- Accessibility: Media must progressively include subtitles, Ecuadorian sign-language interpretation, Braille, and other assistive systems for persons with disabilities, especially in educational, news, and emergency programs (Article 37, LOC).
- Public media duties: Public outlets must promote educational, cultural, and recreational content, encourage healthy lifestyles, and foster national audiovisual production using local creative and technical talent (Article 78.1, LOC).
These parameters are not applied to foreign channels, media or streaming services.
Yes. Please refer to question 26.
No. Pay TV operators in Ecuador are not legally required to retransmit free-to-air channels, although most do so voluntarily under commercial or technical agreements with broadcasters.
Under Article 98 of the Organic Law of Communication ("LOC"), advertising broadcast in Ecuador must be produced in Ecuador by Ecuadorian nationals or foreign residents, or abroad by Ecuadorian producers or foreign companies majority-owned by Ecuadorians, with at least 80% Ecuadorian personnel involved in production.
However, Article 55 of the Regulation to the LOC extends the definition of national production to include advertising created in countries with which Ecuador has integration or trade agreements. This allows foreign commercials from such countries to qualify as national production, providing a valid legal basis for their acceptance and broadcast in Ecuador.
Although the rule broadens the scope of the LOC, it remains in force and unchallenged, and the risk of administrative sanction is currently low given the absence of an active communication control authority since 2019.
Ecuadorian law sets strict content limitations on advertising and media communications to protect human rights and vulnerable audiences:
- Hate speech and violence: Propaganda promoting war, hatred, or discrimination on national, racial, religious, or similar grounds is strictly prohibited (Articles 17 & 67, LOC).
- Privacy and image rights: Media cannot disclose the identity, name, or image of minors involved in criminal proceedings, nor of victims of gender-based violence, except when adult relatives provide explicit consent (Article 31, LOC).
- Discriminatory or violent content: All forms of discriminatory or inciting content are banned (Article 62, LOC).
- Advertising restrictions: Advertising for alcoholic beverages, tobacco, narcotics, and psychotropic substances is prohibited, as well as false or misleading advertising and child pornography.
- Health-related and food advertising: is subject to ex post control by ARCSA. Children cannot be included in it.
No.
No.
No. OTT platforms are not yet specifically regulated in Ecuador.
- There are no requirements to register locally, appoint a legal representative, or comply with screen quotas.
- Streaming platforms (e.g., Netflix, Disney+, Amazon Prime Video) are only subject to general tax rules, such as VAT on digital services collected by the Internal Revenue Service ("SRI"). The tax is collected from users.
Ecuador does not yet have a comprehensive AI-specific law. AI use in sectors such as finance, health, or education is indirectly governed by existing frameworks on data protection, telecommunications, and consumer protection, without AI-focused provisions.
AI-related oversight is expected to be shared among:
- The Ministry of Telecommunications and the Information Society ("MINTEL") for digital policy and innovation.
- The Superintendency of Data Protection for personal data processing and automated decision-making.
- Sectoral regulators, such as the Superintendency of Banks or the Ministry of Health, are involved when AI systems are used in regulated sectors.
The following is a list of draft bills or ongoing public consultations:
- A draft Organic Law for the Regulation and Promotion of Artificial Intelligence was introduced in June 2024 before the National Assembly, aiming to establish ethical, security, and accountability principles for AI systems.
- In August 2025, MINTEL launched a public consultation on the “Strategy for the Ethical and Responsible Development and Use of AI in Ecuador”, outlining policy objectives for future regulation.
There are no mandatory requirements to provide AI-based services in Ecuador, nor any AI technologies classified as high-risk or prohibited.
No binding rules exist on algorithm traceability, auditability, or user-facing transparency. However, the draft AI Law (2024) proposes introducing risk classification and impact assessments for high-risk systems, aligned with OECD and EU AI ethics principles.
Current practice relies on voluntary adherence to ethical and transparency international standards.
No.
Ecuador does not yet have a specific cybersecurity law. Cybersecurity obligations derive mainly from:
- The Organic Law of Personal Data Protection ("LOPDP") and its 2023 Regulation, which establish security, confidentiality, and breach-notification duties.
- The Digital Transformation and Audiovisual Law (2023) mandates the creation of digital security policies and promotes infrastructure resilience.
- Sectoral rules issued by ARCOTEL for telecom operators on network security and continuity of service or fintech regulations.
Ecuador does have a cybersecurity strategy in force: the National Cybersecurity Strategy 2022–2025, led by the Ministry of Telecommunications. It focuses on public-sector resilience, incident-response coordination through EcuCERT/CSIRT, which is the national Computer Security Incident Response Team managed by ARCOTEL, responsible for monitoring, alerting, and supporting mitigation of cyberattacks across public and private networks. and the protection of critical infrastructure.
The following are relevant bills or ongoing public consultations:
- The draft Organic Law for the Strengthening of Cybersecurity, amending the Organic Law of Digital and Audiovisual Transformation, was introduced in 2025. It seeks to establish a unified cybersecurity framework, define incident management mechanisms, and strengthen cooperation between the public and private sectors. Public consultations under the Digital Ecuador Policy 2022–2025 support its development.
Ecuador does not yet have uniform, cross-sector cybersecurity standards:
- Under the LOPDP, all data controllers must implement appropriate technical and organizational security measures proportional to the risk.
- Telecom operators are subject to ARCOTEL’s network security regulations, requiring continuity and protection of communications infrastructure.
- Financial institutions must comply with Superintendency of Banks’ IT Security Guidelines, which include internal controls and cybersecurity risk management.
As of today, there are no publicly reported landmark cases where companies or public entities were sanctioned specifically for cybersecurity incidents. Enforcement remains focused on policy implementation and administrative prevention rather than judicial precedent.
Yes. Under the LOPDP, data controllers must report personal data breaches to the Superintendency of Data Protection and affected users within five days of detection. Telecom operators must also notify ARCOTEL of incidents that affect network integrity or service continuity
Cyber incidents are coordinated through EcuCERT/CSIRT Ecuador. Companies can report attacks or vulnerabilities directly to this national response center, which assists in mitigation, forensics, and alerts to other affected sectors.
Cyber incidents are coordinated by EcuCERT/CSIRT Ecuador for detection and response. If personal data breaches occur, the Superintendency of Data Protection also intervenes to oversee notification and enforcement under the LOPDP.
Yes. Ecuador participates in multilateral cybersecurity frameworks, such as:
- The Budapest Convention on Cybercrime, to which it became the 77th Party in December 2024.
- Regional initiatives led by the OAS/CICTE and the EU Cyber4Dev program.
Ecuador has not yet signed bilateral cybersecurity treaties with individual countries. Cooperation is primarily conducted through multilateral and regional platforms focused on capacity building, information sharing, and incident response.